Ramesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 5968 MP

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                                                        CRA No. 8917/2019



        HIGH COURT OF MADHYA PRADESH: BENCH INDORE
   BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
        RUSIA & HON'BLE SHRI JUSTICE ANIL VERMA
                       CRA No. 8917 of 2019
            (YOGESH & OTHERS V/S. STATE OF M.P.)
Date: 12.04.2023 :
      Shri S.K. Meena, learned counsel for the appellant.
      Shri Amit Rawal, learned Govt. Advocate for respondent/State.

Heard on I.A. No.15827/2022, a repeat (2nd) application filed u/s. 389(1) of Cr.P.C. for suspension of jail sentence on behalf of appellant - Rajesh solely on the ground of period of custody.

The appellant stands convicted u/s. 815(c) of the NDPS Act and sentenced to undergo 15 years' RI and to pay fine of Rs.1,50,000/- with default stipulation vide judgment dated 21.1.2019 passed by learned Special Judge NDPS Act, Neemuch in Special Case No. 23/2013.

As per prosecution story, on 5.4.2013, ASI Mukesh Yadav posted at Police Station Jiran receive a discrete information that appellant Ramesh and one another were transporting poppy straw in the truck bearing Registration No. HR-37-A-8318. After entering the information in Rojnamcha, panch witnesses were called and Panchnama vide Exh. P/5 was prepared. The ASI along with team reached to the spot and after some time, they apprehended the said vehicle. After the search, the police recovered 40 Quintals, 19 Kg. & 800 gms. of poppy-straw contained in the bags. Accordingly, they

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CRA No. 8917/2019

were arrested and FIR was registered against them for the offence u/s. 8/15(c) and 29 of the NDPS Act. After completing the investigation, charge-sheet was filed. After evaluating the evidence came on record, learned Special Judge has convicted and sentenced the appellant, as stated above.

Learned counsel for appellants submits that the appellant has already completed more than 10 years' jail sentence. This appeal is of the year 2019 and there is no likelihood of its final hearing in near future. He is the first offender and has no criminal record. He, therefore, prays for suspension of jail sentence of appellant and to release him on bail.

On the other hand, learned Govt. Advocate opposes the prayer and prays for rejection of the application.

In view of the above facts and circumstances of the case in totality, without commenting anything on the merits of the case, we deem it proper to suspend the jail sentence of this appellant - Rajesh.

Accordingly, I.A. No.15827/2022 is allowed and it stands closed. It is directed that subject to deposit of fine amount with the trial Court, if not already deposited, and on furnishing personal bond by the appellant - Rajesh S/o. Nanakram in the sum of Rs.1,00,000/- (One Lakh only) with two solvent sureties, out of which one shall be the local the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court on 09.10.2023 and on all such subsequent dates, which are fixed in this behalf, during pendency of this appeal the execution of custodial part of the jail

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CRA No. 8917/2019

sentence of the appellant Rajesh shall remain suspended till final disposal of this appeal.

C.C. as per rules.

         [ VIVEK RUSIA ]                       [ANIL VERMA]
             JUDGE.                               JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2023.04.13 15:58:22 +05'30'